Ontario Superior Court Limits Damages Claims in Certifying Personal Injury Medical Device Class Action

An Ontario court has held that Ontario’s more restrictive certification regime may require narrowing class members’ damages claims. Ontario’s class proceedings legislation is an outlier in Canada—unlike corresponding legislation in all other provinces (except for Prince Edward Island), class action certification requires that the “questions of fact or law common to the class members predominate over any questions affecting only individual class members”. In Pedersen v. Advanced Bionics LLC, 2026…
By: Bennett Jones LLP